Manoj Kumar Hisaria v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57848 of 2017 Arising Out of PS. Case No.-2028 Year-2016 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Manoj Kumar Hisaria Son of Late Kailash Prasad Hisaria, Resident of Mohalla- Mungeriganj Ward No. 12, Old, Ward No.- 32 New P.S.- Town, District- Begusarai.

... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Sandeep Kumar Agarwal, Son of Late Surendra Kumar Agarwal, Resident of Mohalla- Mungeriganj Ward No. 12 Old Ward No. 32 New, P.S.- Town, District- Begusarai.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr.Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-07-2023 Heard the parties.

2.This application has been filed for quashing the order dated 30.08.2017 passed by the learned C.J.M. Begusarai by which the learned Magistrate after taking cognizance has issued process under Sections 465, 467, 468, 471 and 420 of the I.P.C. against the petitioner in Complaint Case No. 2028 of 2016 filed by the O.P. No. 2.

3. learned counsel for the petitioner has filed an affidavit giving an undertaking that the petitioner will vacate both the shops belonging to the opposite party no. 2 on or before 31st of March, 2024.

Patna High Court CR. MISC. No.57848 of 2017(3) dt.13-07-2023 2/2

4. Petitioner will go on paying the rent to the opposite party no. 2. Petitioner and opposite party no. 2 are directed to settle the rent dispute up to June 2023 by sitting together at Begusarai.

5. With the aforesaid observation and direction, this application is disposed of and the order dated 30.08.2017 passed by learned Chief Judicial Magistrate, Begusarai passed in Complaint Case No. 2028/2016 is hereby quashed. (Sandeep Kumar, J) Shishir/- U T